PMI CONSUMER PRIVACY NOTICE
We take privacy seriously. This notice tells you who we are, what information about you we collect, and what we do with it. Click on “find out more” in each section for further information.
Who are we?
We are a member of Philip Morris International. Our details (name, address, etc.) will have been given to you separately at the time of (or to confirm) the collection of information about you, for example, in a notice on an app or a website, or in an e-mail, containing a link to this notice.
Find out more…
- PMI: Philip Morris International, a leading international tobacco group. It is made up of a number of companies or “affiliates”.
- PMI affiliates: Each member of the Philip Morris International group of companies is a “PMI affiliate”. “We” (or “us” or “our”) refers to the PMI affiliate that first collected information about you.
- PMI product: means a product of ours or of another PMI affiliate.
How do we collect information about you?
We may collect information about you in various ways.
- You may provide us with information directly (e.g. filling in a form, or making a call to us).
- We may collect information automatically (e.g. when you use a PMI app or website).
- We may acquire information from third parties (e.g. publicly-available information on social media platforms such as Facebook and Twitter).
In this notice, we refer to all the methods by which you are in contact with us as “PMI touchpoints”. PMI touchpoints include both physical (for example, retail outlets and events), and digital (for example, apps and websites).
Find out more…
We may collect information that you provide directly. Typically this will happen when you:
- sign up to be a member of our databases (this could be, for example, in person, via app, or online);
- purchase PMI products or services at a retail outlet;
- download, or use, a digital touchpoint (e.g. an app or a website);
- contact us through a touchpoint, or by e-mail, social media or telephone;
- register a device with us;
- subscribe to a PMI panel portal;
- register to receive PMI press releases, e-mail alerts, or marketing communications;
- participate in PMI surveys or (where permitted by law) PMI competitions or promotions; or
- attend an event that a PMI affiliate has organised.
We may collect information about you automatically. Typically this will happen when you:
- visit an outlet that sells PMI products (e.g. by collecting your data at check-out, or through sensors at the outlet that connect with mobile technology);
- attend an event that a PMI affiliate has organised (e.g. through purchases at the event or through sensors at the event that connect with mobile technology);
- communicate with us (for example, through a touchpoint; or social media platforms);
- use PMI touchpoints (e.g. through tracking mechanisms in an app or a website); or
- make public posts on social media platforms that we follow (for example, so that we can understand public opinion, or respond to requests concerning PMI products).
Where permitted by law, we may acquire information about you from third parties. This may include information shared between PMI affiliates, publicly-available profile information (such as your preferences and interests) on third party social media sites (such as Facebook and Twitter), and marketing lists acquired from third party marketing agencies.
We may also collect information in other contexts made apparent to you at the time.
What information about you do we collect?
We may collect various types of information about you:
- information necessary to fulfil your orders
- information necessary to provide warranty services
- information you give us in forms or surveys
- information about your visits to our outlets and events
- information you give us in calls you make to call centers
- information about your preferences and interests
- information necessary to verify your age
Find out more…
Information that we collect from you directly will be apparent from the context in which you provide it. For example:
- if you order a product from us through a touchpoint, you provide your name, contact, billing details, and the products you have chosen so that we can fulfil your order;
- you may provide information on your product preferences and interests so that we can offer you products and services that will interest you;
- if you make an appointment to see us (or someone supporting our products or services), we may collect your name and contact details;
- we may collect information that enables us to verify your age, for example a copy of an identity document or your facial image.
Information that we collect automatically will generally concern:
- details of your visit or call (such as time and duration);
- in a sales outlet or at an event (including areas in the immediate vicinity), how frequently you visit, which areas you visit and for how long, and which purchases you make;
- your use of digital PMI touchpoints (such as the pages you visit, the page from which you came, and the page to which you went when you left, search terms entered, or links clicked within the touchpoint); and
- your device (such as your IP address or unique device identifier, location data, details of any cookies that we may have stored on your device).
Information that we collect from third parties will generally consist of publicly-available profile information (such as your preferences and interests), for example from public social media posts.
For what purposes do we use information about you, and on what legal basis?
In this section, we describe the purposes for which we use personal information. However, this is a global notice, and where the laws of a country restrict or prohibit certain activities described in this notice, we will not use information about you for those purposes in that country.
Subject to the above, we use information about you for the following purposes:
- To comply with regulatory obligations, such as verifying your age and status as a user of our products
- To sell our products to you, including fulfilling your orders, processing your payments
- To provide sales-related services to you, including dealing with your inquiries and requests, and providing warranty services
- To market our products (where permitted by law), including administering loyalty programs, product improvement, market research, developing marketing strategies, administering marketing campaigns, and customizing your experiences at outlets that sell PMI products and at events
- For us or our business partners to inform you of potential opportunities to get involved in marketing or promoting PMI products
- To support all the above, including administering your accounts, enabling you to use PMI touchpoints, corresponding with you, managing your appointments with us or with someone supporting our products or services (for example, regarding a new product, or after-sales service), customizing your experiences of PMI touchpoints, and administration and troubleshooting
- For business analytics and improvements, including improving PMI products, outlets and events, and the information that we (or our affiliates) provide to our customers
- For other purposes that we notify you of, or will be clear from the context, at the point information about you is first collected
The legal basis for our use of information about you is one of the following (which we explain in more detail in the “find out more” section):
- compliance with a legal obligation to which we are subject;
- the performance of a contract to which you are a party;
- a legitimate business interest that is not overridden by interests you have to protect the information;
- where none of the above applies, your consent (which we will ask for before we process the information).
find out more…
The purposes for which we use information about you, with corresponding methods of collection and legal basis for use, are:
Method of collection and legal basis for Processing
Comply with regulatory obligations
This information is generally provided to us by you directly.
We use it because it is necessary for us to comply with a legal obligation to sell products only to adults, or, in countries where there is no such legal obligation, because we have a legitimate business interest to sell our products only to adults that is not overridden by your interests, rights and freedoms to protect information about you.
Sell our products
This information is generally provided to us by you directly (typically, name, address, e-mail address, payment information).
We use it to discharge our contractual obligations to you as a buyer of our products.
Provide sales-related services
This information is generally provided to us by you directly.
We use it because we have a legitimate business interest in providing sales-related services to our customers that is not overridden by your interests, rights and freedoms to protect information about you.
Market our products (where permitted by law)
This will typically be a combination of information that you provide to us (for example, your name and contact and social media details); information that we collect automatically (for example, using technology to monitor use of PMI touchpoints) and (where permitted by law) information that we acquire from third parties (such as public social media posts).
We use it on the grounds that we have a legitimate business interest to market our products, to operate PMI touchpoints, and to customize your experiences, in these ways that is not overridden by your interests, rights and freedoms to protect information about you.
Market our products (where permitted by law)
This will typically be a combination of information that you provide to us (for example, your name and contact details, your social media handles); information that we collect automatically (for example, using cookies and similar technologies) and (where permitted by law) information that we acquire from third parties (such as public social media posts).
We use it on the grounds that we have a legitimate business interest to market these things that is not overridden by your interests, rights and freedoms to protect information about you.
In certain countries, where required by law, we will send you these materials in electronic format only with your consent.
Support for all the above purposes
This will typically be a combination of information that you provide to us (typically, name, password (or equivalent)) and information that we collect automatically (for example, information about your device, and cookies and similar tracking technologies).
We use it on the grounds that correspond to the purpose for using the information that we are supporting. For example, where we administer your account to support a purchase or to provide after-sales service, we use the information to discharge our contractual obligations to you as a buyer of our products; where we administer your account to show you our products, we are supporting marketing and so we use it on the grounds that we have a legitimate business interest to market our products that is not overridden by your interests, rights and freedoms to protect information about you, and so on.
Business analytics and improvements
This will typically be a combination of information that you provide to us; information that we collect automatically; and (where permitted by law) information that we acquire from third parties.
We use it on the grounds that we have a legitimate business interest to analyze and to improve our business performance, our products, PMI touchpoints, outlets and events, and to invite others to get involved in promoting PMI products that is not overridden by interests, rights and freedoms to protect information about you.
Where we do not base our use of information about you on one of the above legal bases, we will ask for your consent before we process the information (these cases will be clear from the context).
In some instances, we may use information about you in ways that are not described above. Where this is the case, we will provide a supplemental privacy notice that explains such use. You should read any supplemental notice in conjunction with this notice.
Who do we share your information with, and for what purposes?
We may share information about you with:
- PMI affiliates;
- third parties who provide PMI affiliates or you with products or services;
- PMI affiliates’ carefully selected business partners and advertisers (in areas connected with our products, or consistent with their style and image) so that they can contact you with offers that they think may interest you, in accordance with your preferences; and
- other third parties, where required or permitted by law.
Find out more…
Sharing data with other PMI affiliates
- Information about you will be shared with Philip Morris International Management SA (based in Lausanne, Switzerland), which is the place of central administration of personal data processing for PMI affiliates. Philip Morris International Management SA processes the information about you for all the purposes described in this notice.
- Information about you may be shared with the PMI affiliate that is responsible for the country in which you live (if it wasn’t the PMI affiliate that first collected the information) for all the purposes described in this notice.
- Information about you may be shared with any other PMI affiliate that you contact (for example, if you travel and you want to know where to buy PMI products in a new country, or where to find service or support for PMI products) in order to enhance our service to you.
- When your information is used by a PMI affiliate in France (either Metropolitan France or French Overseas Departments and Regions (DROM)), information about you is shared with, and used also by, other PMI affiliates in France in order to enhance our service to you.
- Details of PMI affiliates and the countries in which they are established are available here.
Sharing data with Third Parties
- We may share information about you with third parties who provide PMI affiliates or you with products or services (such as advisers, payment service providers, delivery providers, retailers, product coaches, information services providers and age verification providers).
- We may share information about you with PMI affiliates’ carefully-selected third party business partners and advertisers (in line with the kind of thing you might associate with our products, for example because they have similar or complementary image, style, or functionality) so that they can contact you with products, services and promotions that they think may interest you, in accordance with your preferences.
- We may share information about you with other third parties, where required or permitted by law, for example: regulatory authorities; government departments; in response to a request from law enforcement authorities or other government officials; when we consider disclosure to be necessary or appropriate to prevent physical harm or financial loss or in connection with an investigation of suspected or actual illegal activity; and in the context of organizational restructuring.
Where might information about you be sent?
As with any multinational organization, PMI affiliates transfer information globally. Accordingly, information about you may be transferred globally (if your information is collected within the European Economic Area, this means that your information may be transferred outside it).
find out more…
When using information as described in this notice, information about you may be transferred either within or outside the country or territory where it was collected, including to a country or territory that may not have equivalent data protection standards.
For example, PMI affiliates within the European Economic Area (“EEA”) may transfer personal information to PMI affiliates outside the EEA. In all cases, the transfer will be:
- on the basis of a European Commission adequacy decision;
- subject to appropriate safeguards, for example the EU Model Contracts; or
- necessary to discharge obligations under a contract between you and us (or the implementation of pre-contractual measures taken at your request) or for the conclusion or performance of a contract concluded in your interest between us and a third party, such as in relation to travel arrangements.
In all cases, appropriate security measures for the protection of personal information will be applied in those countries or territories, in accordance with applicable data protection laws.
How do we protect information about you?
We implement appropriate technical and organizational measures to protect personal information that we hold from unauthorized disclosure, use, alteration or destruction. Where appropriate, we use encryption and other technologies that can assist in securing the information you provide. We also require our service providers to comply with strict data privacy and security requirements.
How long will information about you be kept?
We will retain information about you for the period necessary to fulfil the purposes for which the information was collected. After that, we will delete it. The period will vary depending on the purposes for which the information was collected. Note that in some circumstances, you have the right to request us to delete the information. Also, we are sometimes legally obliged to retain the information, for example, for tax and accounting purposes.
Find out more…
Typically, we retain data based on the criteria described in the table below:
Explanation/typical retention criteria
Most of the information in your marketing profile is kept for the duration of our marketing relationship with you; for example, while you continue to use digital touchpoints, or respond to our communications. However, some elements of your marketing profile, such as records of how we interact with you, naturally go out of date after a period of time, so we delete them automatically after defined periods (typically 3 years) as appropriate for the purpose for which we collected them.
This scenario is the same as the above, but if we don’t have any contact with you for a long period (typically 2 years), we will stop sending you marketing communications and delete your history of responses to them. This will happen, for example, if you never click through to an invitation to an event, log on to a digital touchpoint, or contact customer care, during that time. The reason is that in these circumstances, we assume you would prefer not to receive the communications.
If you have registered to receive marketing communications, but the information you give us to contact you doesn’t work, we will retain your details for a period of typically only 6 months to allow you to return and correct it.
If you are not registered with us for other purposes (e.g. marketing communications, warranty, customer care), and we use publicly available information about you in order to understand the market or your preferences, we will retain the information about you for a short period in order to perform the particular item of market research.
If you purchase goods, we will retain details of this for so long as required to complete the sale, and to comply with any legal obligations (for example, for tax and accounting record-keeping purposes). If you also register for a warranty for a device, we will retain details of this for so long as relevant to the warranty.
If you contact customer care, we will make a record of the matter (including details of your enquiry and our response) and retain it while it remains relevant to our relationship, for example if you need us to replace a device under warranty, or if your recent enquiries are relevant. Temporary records (for example, an automated recording of a telephone call in which you ask us to direct you to a retail outlet) may be relevant only until more permanent records are made, and will be retained only temporarily.
System audit logs are retained typically for a period of only a few months.
Business analytics data is typically collected automatically when you use PMI touchpoints and anonymised/aggregated shortly afterwards.
What rights and options do you have?
You may have some or all of the following rights in respect of information about you that we hold:
- request us to give you access to it;
- request us to rectify it, update it, or erase it;
- request us to restrict our using it, in certain circumstances;
- object to our using it, in certain circumstances;
- withdraw your consent to our using it;
- data portability, in certain circumstances;
- opt out from our using it for direct marketing; and
- lodge a complaint with the supervisory authority in your country (if there is one).
We offer you easy ways to exercise these rights, such as “unsubscribe” links, or giving you a contact address, in messages you receive.
Some mobile applications we offer might also send you push messages, for instance about new products or services. You can disable these messages through the settings in your phone or the application.
find out more…
The rights you have depend on the laws of your country. If you are in the European Economic Area, you will have the rights set out in the table below. If you are elsewhere, you can contact us (see the paragraph “who should you contact with questions?” at the end of this notice) to find out more.
Right in respect of the information about you that we hold
Further detail (note: certain legal limits to all these rights apply)
This is confirmation of:
On your request we will provide you with a copy of the information about you that we use (provided this does not affect the rights and freedoms of others).
This applies if the information we hold is inaccurate or incomplete.
This applies if:
This right applies, temporarily while we look into your case, if you:
(if you make use of your right in these cases, we will tell you before we use the information again).
This right applies also if:
You have two rights here:
This applies if the legal basis on which we use the information about you is consent. These cases will be clear from the context.
Each European Economic Area country must provide for one or more public authorities for this purpose.
You can find their contact details here:
For other countries please consult the website of your country’s authority.
Country-specific additional points
According to which country you are in, you may have some additional rights.
If you are in France, find out more…
- If you are in France, you have the right to give us instructions regarding information we hold about you in the event of your death (specifically, whether we should store or delete it, and whether others should have the right to see it). You may:
- issue general instructions to a digital service provider registered with the French data protection supervisory authority (called “CNIL”) (these instructions apply to all use of information about you); or
- give us specific instructions that apply only to our use of information about you.
Your instructions may require us to transfer information about you to a third party (but where the information contains information about others, our obligation to respect also their privacy rights might mean that we can’t follow your instructions to the letter). You may appoint a third party to be responsible for ensuring your instructions are followed. If you do not appoint a third party in that way, you successors will (unless you specify otherwise in your instructions) be entitled to exercise your rights over information about you after your death:
- in order to administer your estate (in which case your successors will be able to access information about you to identify and obtain information that could be useful to administer your estate, including any digital goods or data that could be considered a family memory that is transferable to your successors); and
- to ensure that parties using information about you take into account your death (such as closing your account, and restricting the use of, or updating, information about you).
You may amend or revoke your instructions at any time. For further information on the processing of information about you in the event of your death, see Article 40-1 of the law 78-17 dated 6 January 1978. When you die, by default, you will stop using your account and we will delete information about you in accordance with our retention policies (see the paragraph “How long will information about you be kept?” for details).
Who should you contact with questions?
If you have any questions, or wish to exercise any of your rights, you can find contact details for the relevant PMI affiliate, and if applicable data protection officer, here. Contact details will also be given in any communications that a PMI affiliate sends you.
If your country has a data protection authority, you have a right to contact it with any questions or concerns. If the relevant PMI affiliate cannot resolve your questions or concerns, you also have the right to seek judicial remedy before a national court.
Changes to this notice
We may update this notice (and any supplemental privacy notice), from time to time. We will notify you of the changes where required by law to do so.
The Website publication director is Mr. Slobodan Stojanovic, General Manager.
The website is hosted by Amazon Web Services, Cannon Place, 78, Cannon Street, London, England, EC4N 6AF.
Who are we? We are a member of the Philip Morris International group of companies. We have identified ourselves to you, and given our contact details, in the Website in connection with which you have been guided here.
Limits of liability: By using the Website, you accept certain limits of liability, which we explain throughout these Terms. In summary: you use the Website at your own risk; we do not assume any liability, or make any warranties (express or implied) with respect to it or your use of it.
Products: Products displayed on the Website are to be used with tobacco products (sticks). Therefore these products are designed for adult smokers only. Tobacco products contain nicotine which is a highly addictive substance. Nicotine-containing products should not be used by pregnant or breastfeeding women or persons in ill health. Our products are not for sale or use by those under (i) 18 years old, or (ii) if the legal age required to purchase of tobacco under the local law of your country is above 18 years of age, the minimum age required by law. Whilst we ensure our products are made to high standards, you acknowledge that you use our products at your own risk.
IQOS IS NOT RISK FREE AND THE BEST WAY TO REDUCE TOBACCO RELATED HEALTH RISKS IS TO QUIT TOBACCO USE ALTOGETHER.
IF YOU DO NOT AGREE TO THEse TERMS, YOU MAY NOT USE THE WEBSITE.
Further terms: If you wish to use certain sections of this Website or take advantage of any promotions we offer to you through it, that may be subject to other terms and notices. If this is the case, this will be brought to your attention and in some situations you may be required to read and confirm your acceptance of any such items before continuing.
Changes to these Terms: We may amend these Terms from time to time. If we do, we will notify you of such changes the first time you log on to the Website following such changes. If you then continue to use the Website, your use will mean you accept the updated Terms. The date at the top of this page shows when these Terms were last updated.
Use of the Website
The Website is intended to be used by adult tobacco users aged 18 and above who want to continue to consume tobacco products (“Intended User”), and who reside in the country where indicated in our contact details. If you do not meet these requirements, you must not use the Website.
To set up an account for the Website, you must give us some personal information to enable us to verify your eligibility to use it. Typically, this may be name, age, country of residence and e-mail address/telephone number. We will hold this in accordance with our Privacy Notice (see the “Privacy and Cookies” section below for more information.)
It’s important for you to provide us with accurate, complete and up-to-date information for your account. You agree to keep it accurate, complete and up-to-date. You agree that you won’t disclose your account password to anyone. You’re responsible for all activities that occur under your account, whether or not you know about them.
You may not use anyone else’s password or account. You may not attempt to gain unauthorized access to the Website. Should you attempt to do so, assist others to do so, or distribute instructions, software or tools for that purpose, we will close your account. If anyone other than you uses your account, we may suspend or terminate your account (see the section entitled “Modification and suspension of the Website” below). You must promptly notify us of any unauthorized use of your username, password or other account information, or of any other breach of security of which you become aware that involves your account or the Website.
Furthermore, you are not authorized to download, communicate, transmit, distribute or otherwise publish, on the Website, any content that:
(a) is unlawful, threatening, harassing, profane, criminal, defamatory, vulgar, obscene, deceptive, fraudulent, contains representations or descriptions of a sexual nature, in explicit or graphic form (including, without limitation, use of sexual language of a violent or threatening nature directed against an individual or group of individuals), violates the privacy of others, or is hateful;
(b) limits or prevents other users from using or enjoying the Website;
(c) constitutes or encourages any conduct that constitutes a criminal offense or is capable of giving rise to civil liability; or
(d) contains a virus or any other harmful element, constitutes an advertisement in one way or another, or contains false or misleading representations as to the origin or the statement of facts.
You also agree:
(a) not to use false identities;
(b) not to download, communicate, publish, transmit, reproduce, distribute or otherwise exploit any information or content obtained through the Website for any commercial purpose;
(c) not to attempt to gain an unauthorized access to any computer systems through the Website; and
(d) not to communicate any personal data relating to an individual unless such individual has expressly and specifically consented to such communication of his/her personal data to us for the specific purpose at stake.
It is forbidden to modify, copy, reproduce, distribute, republish, download, communicate or transmit the contents of the Website in any way without our prior consent.
In case of breach of any of these Terms, we reserve the right to close your account without compensation and without prior notice.
Modification and suspension of the Website
We reserve the right to modify, suspend, or terminate operation of or access to the Website, or any portion of it, at our discretion. For example, we may terminate operation of the Website for users if we have reason to believe that the Website is being used by someone who is not an Intended User.
We may also update the Website and change the content at any time. Although we make reasonable efforts to update the information on the Website, note that any content on it may be out of date at any given time, and we are under no obligation to update it.
We may also interrupt the regular operation of the Website, or any portion of it, as necessary to perform routine or non-routine maintenance, to correct errors, or to make other changes.
Use of the Website and Materials
The Website and all its contents (including messages posted on the forum, software, files, graphics, data, images and other material) (“Material”) are the exclusive property of us, our affiliates, or our licensors (or any combination of the foregoing), and are protected by law in your country as well as in other countries.
All intellectual property rights in the Material are reserved by us or our licensors. You may not use, modify, copy, reproduce, republish, upload, post, transmit, distribute, sell, license, rent, publicly display or perform, broadcast, edit, adapt or create a derivative work of, or reverse engineer, in any manner, any part of the Website or any Material.
The Website and the Material are provided solely for your personal, private use. You may not use them for any other purposes (for example, you may not use them for business or commercial purposes). Note the paragraph on “Limit of Liability” below.
The Website may include links to third party websites. These links are provided for your convenience only. As we have no control over such websites, and we do not review them, please note that:
- we do not endorse them, we are not responsible for them, and we make no promise in relation to them: in particular we are not responsible for the terms on which such websites are made available or their privacy practices, their availability, their content, advertising, products, or other materials, services or information on or available from them; and
- if you access any such websites, you do so at your own risk.
You may not frame, link or deep-link to the Website to any other website.
Privacy and cookies
To the extent that in the Website we collect any personal information about you, we will collect and process it in accordance with our Privacy Notice . Please read it to find out more about what personal information we collect about you, how we use it, with whom we share it, how we protect it, your rights and how you can exercise them.
You should review our Privacy Notice and Cookie Notice before using the Website and, like these Terms, we may change them at any time.
These paragraphs apply if the Website allows you to post materials on it
You warrant that all tangible and intangible materials and ideas, including text, drawings, designs, photographs, videos, sketches, that you post on the Website (“Materials”) are your original work in which you own the related intellectual property rights. You also warrant that the Materials do not and will not infringe any third party’s intellectual property rights.
By posting the Materials on the Website you: (a) assign to us all rights to, and intellectual property rights in, the Materials; (b) relinquish, to the fullest extent permitted by law, all rights to such Materials; and (c) acknowledge that we (and those whom we (directly or indirectly) permit) shall have unrestricted use of the Materials, including using, altering, duplicating, or combining them in all forms and for all media.
Although we do our best to provide an informative Website that you will enjoy using, unless where we have expressly set out to the contrary in these Terms, the Website is made available to you on an “as is” basis. Also:
- it is your responsibility – not ours – to ensure that the Website is suitable for your intended purposes when you use it;
- we accept no liability to you in respect of the Website (subject to the paragraph on “Limit of Liability” below); and
- we accept no liability as to the suitability or fitness of the Website in meeting your needs and, to the fullest extent permitted by law, we exclude all express or implied promises and warranties, including:
- that the Website, or any content contained in or delivered via the Website or otherwise made available in connection with the Website, is accurate, complete, timely, up-to-date, suitable, or will operate in an error-free manner;
- that access to the Website will be uninterrupted, or error-free; and
- that the Website, or the computer systems from which the Website is made available, are free of viruses or other harmful components.
Limit of Liability
We do not exclude or limit liability that cannot be excluded or limited by law, liability for death or personal injury caused by our negligence, or liability arising out of our fraudulent misrepresentation or gross negligence.
We will not be liable to you for any loss or damage arising out of your use of the Website in breach of these terms, or caused by technologically harmful material or actions (such a virus or a distributed denial-of-service attack) that may affect your computer equipment, computer programs, data or other material in connection with your use of our Website or on any website linked to it.
You acknowledge and agree that the operation of the Website is dependent upon the proper and effective functioning of the internet and other third party equipment and services (including your own device or web browser), and that we do not guarantee, and will not be liable for, these in any way.
We will not be liable for any special, indirect, punitive or consequential losses or damages, or any loss of data, profits, revenues, business, or goodwill.
If you cause a technical disruption of the Website or the systems transmitting the Website to you or others, you agree to be responsible for all losses, liabilities, expenses, damages and costs, including reasonable attorneys’ fees and court costs, arising or resulting from that disruption.
Jurisdiction and Governing Law
The laws of the jurisdiction indicated of the location we have given in the contact details of the Website (the “Jurisdiction”) govern these Terms and your use of the Website. You irrevocably consent to the exclusive jurisdiction of the courts located in the Jurisdiction (and, insofar as the parties may validly agree, the courts in the town closest to our registered office), for any action to enforce these Terms. The Website has been designed to comply with the laws of the Jurisdiction.
Other important rights that we have under these Terms
We may transfer our rights and obligations under these Terms to another organisation, but this will not affect your rights under these Terms.
If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our right to enforce any such failure against you, or that you do not have to comply with those obligations. If we do decide to waive our right to enforce a default or breach of these Terms by you, we will do so only in writing.
Each of the paragraphs of these Terms operates separately. This means that if any court or relevant authority decides that any of them are unlawful, illegal, or unenforceable, the remaining paragraphs will remain in full force and effect.
These Terms are not intended to give rights to anyone except you and us.
How to Contact Us
Please contact us at [email protected] if:
- you believe that the Website infringes your intellectual property rights, or that it contains content that is illegal, offensive, or infringes your or a third party’s rights; or
- for any questions you may have about these Terms or the Website.
LEGAL NOTICES OF IQOS.COM WEBSITE
The Website publication director is Mr. Karim Atallah, General Manager.
The website is hosted by Amazon Web Services, Cannon Place, 78, Cannon Street, London, England, EC4N 6AF.
You may have been redirected here from one of our social media accounts, for example from the Customer Support pages of one of these accounts (Facebook, etc.) (referred to together as “social media accounts” in this document).
Our social media accounts are targeted at adult smokers who wish to continue using tobacco products and for adult IQOS users residing in Reunion Island. By interacting with and using our social media accounts, you confirm that you meet these criteria.
Who are we?
Good IQOS practices and duty to inform
We wish to start by pointing out a few important things about IQOS:
PMI markets a range of smokeless products (meaning products that do not burn tobacco). We hope that smokeless products will one day replace cigarettes. We help adult users of smokeless products, by answering their questions about this new way of consuming tobacco products.
1. Our smokeless products are designed for adult smokers who would otherwise continue smoking or continue using nicotine products.
2. Our smokeless products are not designed for non-smokers (anybody who has never used tobacco and/or nicotine products or has quit). Our smokeless products are not an alternative to quitting tobacco altogether and are not designed to help users quit.
3. Our smokeless products provide an alternative to cigarettes but are not risk-free and contain nicotine, which is addictive.
4. The best decision smokers can take by far is to quit using tobacco and nicotine products altogether.
5. Children should not use any type of tobacco or nicotine product.
6. Likewise, pregnant women or people suffering from diabetes or heart problems should not use any type of tobacco or nicotine product.
We monitor our social media accounts regularly, to answer your questions and give as many useful recommendations as possible. We welcome your comments and are committed to responding quickly, in a respectful and accountable environment.
1. You are liable for the content you post on this page and we reserve the right to moderate any of the following types of content:
- Offensive or insulting language,
- Hateful, racist or discriminatory comments about race, ethnic origin, religion, gender, disability, sexual orientation or political beliefs,
- Comments or links including sexual content,
- Infringement of copyright or intellectual property rights,
- Spam, linkbaiting or files containing viruses that could interfere with the operation of other people’s electronic devices,
- Attacks on a specific group or harassing, threatening or abusive comments,
- Commercial offers or promotion of a competitor,
- Confidential information or promotion of a competitor,
- Impersonation of a person or organisation.
3. Licence to use User-Generated Content (“UGC”) To the extent permitted by applicable law, we may wish to reuse (including for purely internal PMI purposes) content that you submit, display or send as a Private Message (PM) through our social media accounts.
a) You give the following representations and warranties for any UGC shared with us:
a. You currently use IQOS products and are 18 or older (if you do not appear in the relevant UGC) or 25 or older (if you can be identified in the relevant UGC);
b. The UGC is your original work and does not infringe any third-party intellectual property, personality or other rights;
c. Your authorisation to use the UGC under this agreement (“your Licence”) does not breach any contractual provisions enforceable against you or applicable laws;
d. All people featuring in the UGC, including yourself, are 25 or older and you have their permission to: i) photograph, record or film them, ii) include their photograph, sound and/or video in the UGC, and iii) where applicable, use their name to be shared by PMI and its affiliates for the purposes listed below without any entitlement to fees or royalties, and (iv) are able to provide PMI with a copy of their written authorisation if requested.
b) You retain all your rights in and to the UGC but you hereby grant PMI and its affiliates a perpetual, royalty-free licence to use and copy the UGC for all lawful purposes, including commercial purposes, at PMI’s sole discretion and without any liability or warranty (express or implied) with respect to our use of the UGC, from the date on which you grant your Licence to PMI and its affiliates.
c) You grant PMI and its affiliates the right to reproduce, modify, display, distribute, broadcast and prepare derivative works, for the purposes referred to above, worldwide and in all media intended for publication.
e) PMI and its affiliates may not be held liable for any infringement of third-party property rights or image rights, any invasion of privacy or any defamation when using the UGC and you will indemnify and hold PMI and its affiliates harmless from and against any and all claims, applications, damage, liability, losses, costs or other expenses arising out of or related to any of the foregoing.
f) You agree that your licence was given on a voluntary basis and that you are free to sign it with PMI.
h) If you have any questions or wish to receive any clarifications about your Licence, please email us at [email protected] (email id). You may also use that address to contact us if you believe that materials protected by copyright or intellectual property rights have been used without your permission or that your privacy has been invaded or your personal rights infringed.
i) Your Licence is governed by French law.
Philip Morris International disclaims any and all liability for any content or links shared by you or third parties. If you wish to share this page or its content, you must ensure that your messages are only seen by adult smokers or adult IQOS users.
Limitations and Exclusions of Liability
You use our social media accounts at your own risk. Our social media accounts are provided on an “as is” basis, “as and when available”. Where feasible, we may restrict your access to our social media accounts or any features or part of them at any time. We exclude all types of express or implied warranties, including the implied warranties of merchantability, satisfactory quality and fitness for a particular purpose. We do not warrant that access to the site will be uninterrupted or free of errors, that our social media accounts will be secure or that the information posted on our social media accounts is comprehensive, accurate or timely.
If anyone takes legal action or lodges a complaint against us relating to your actions or contributions, you will indemnify and hold us harmless from and against any and all liability for any kind of damages, losses or expenses (including reasonable legal costs) relating to that action or complaint.
To the maximum extent permitted by applicable law, you understand and agree that we may not be held liable for any direct, indirect, incidental, special, consequential, punitive or other damage or loss arising out of or related to your use of our social media accounts or any unavailability of those accounts. This includes any damage or loss caused by errors, omissions, interruptions, defects, delays or computer viruses, any loss of profit by you, loss of data or unauthorised access to or alteration of your transmissions or data, and any other tangible or intangible losses. This limitation applies regardless of whether the damage or loss is claimed under a contract, as a result of a breach of a duty of care or on any other ground, and even if we or our representatives have been negligent or were informed of the possibility of the damage or loss.
Assignments - No Waiver - Severability
Last update on [12/10/2020].
TERMS AND CONDITIONS OF LOAN FOR TRIALLING IQOS AT HOME
Last updated : 28.10.2020
The website http://IQOS.com (the “Site”) is published by Philip Morris Réunion SARL, a limited liability company with share capital of 7,622.45 euros, entered in the Saint-Denis Register of Companies under number 388 920 121, registered office at 9 bis rue Antanifotsy 97419, La Possession, telephone number: 0800 20 22 22, email address: [email protected] (“Lender”). The Site is strictly reserved for adult smokers over the age of 18, who are domiciled in Réunion.
The Site is hosted by Salesforce.com Germany GmbH, Erika-Mann-Str. 31, 80636 Munich, Germany.
- Purpose and scope
The purpose of these Terms and Conditions of Loan (“T&Cs”) is to specify the terms and conditions relating to the loan of an IQOS 3 DUO kit and two IQOS 3 DUO personalisation accessories (the “Goods Loaned”) by the Lender to a consumer, who is a private individual of legal age and a smoker, domiciled in Réunion (the “Borrower”) for a period of fourteen (14) calendar days as from receipt of the Goods Loaned by the Borrower, the latter being responsible for returning the Goods Loaned in good working order to the outlets authorised to receive them and then buying a new IQOS in the colour of their choice from one of the IQOS stockists. The Borrower’s failure to return the Goods Loaned within 30 (thirty) days as from receipt thereof shall entitle the Lender to bring recovery proceedings (e.g. small claims recovery; summary procedure; order to pay or summons for payment of order to pay).
The Borrower undertakes to use the Goods Loaned in accordance with the documentation and instructions issued by the Lender and for strictly personal use. IQOS is intended to be used by adult smokers only.
1.1. Updating and acceptance of T&Cs
The T&Cs are available to the Borrower on the Site www.IQOS.com where they may be consulted directly at any time. The Borrower may store these T&Cs on a durable medium by printing them.
The Lender reserves the right to amend the T&Cs at any time. The amended T&Cs shall take effect on the date they are posted online on the Site and shall apply to all loan requests made on the Site as from this posting online.
The Lender invites the Borrower to read the T&Cs carefully before each loan request, as these may have been amended. Each loan request entails the prior consultation and acceptance of the T&Cs by means of a dedicated tick box, comprising a hypertext link to said T&Cs.
The Borrower acknowledges that the Lender does not transfer its property right over the Goods Loaned, owing to the Borrower’s acceptance of these T&Cs.
In order to be eligible for the loan of Goods Loaned, the Borrower must necessarily fulfil the following conditions:
- Be an adult smoker and reside in the Department of Réunion (974);
- Not be involved in a loan procedure already;
- Not be in possession of the IQOS 3 DUO forming the subject of a loan request already.
- Description of the Goods Loaned
The Goods Loaned will comprise the following items, more specifically:
- 1 IQOS 3 DUO pocket charger
- 1 IQOS 3 DUO device
- 2 Accessories to personalise the IQOS 3 DUO (a cap and a pocket charger door cover)
- 1 IQOS power adaptor
- 1 IQOS charging cable
- 1 IQOS cleaning tool
- 10 IQOS cleaning sticks
The representations and photographs of the Goods Loaned on the Site have no contractual value. The Lender, in its capacity as publisher of the Site, makes every effort to ensure that they are as accurate and faithful as possible but the actual Goods Loaned (in particular the colour, dimensions, textures and other characteristics) may differ slightly from those in the photos on the Site. This may be due to technical, photographic and computing reasons, for example, owing to the lighting when the snaps were taken and the screen resolution, equipment or internet browsers you use when visiting the Site.
The Borrower is invited to refer to the specifications of the Goods Loaned on the Site for information on the specific essential features. If in doubt or to obtain further information about the Goods Loaned, it is possible to contact the Customer Service Department of Philip Morris Réunion SARL by email [email protected], telephone on 0800 20 22 22 (free from a landline, line open from Monday to Friday, 8 am to 5 pm Réunion time or via the messaging service on the IQOS Réunion Facebook page.
The Lender shall make every effort to ensure the best availability of the Goods Loaned.
The Site is usually accessible 24 hours a day, 7 days a week, subject to:
- force majeure;
- availability of the Internet;
- temporary suspensions of the Site for technical reasons connected with the updating of the Site, its maintenance or any other technical cause.
- Goods Loaned request
The Borrower will be invited to fill in their details (cf. paragraph 3.1). Their details will be used by the Lender:
- to deliver the Goods Loaned to the Borrower;
- to advise the Borrower on the use of the Goods Loaned;
- for marketing purposes for Borrowers who have agreed to this;
- to recover the debt if the Goods Loaned are not returned.
Subcontractors of the Lender will also have access to the Borrower’s details for the purposes of administration of the dedicated online loan page and the management of emails sent to Borrowers.
The Borrower will be invited to confirm their information.
By agreeing to these T&Cs, the Borrower agrees to be contacted by the Lender (i) for logistical and delivery purposes and (ii) to receive advice on the use of the Goods Loaned (calls, SMS messages and/or emails).
Requests are made via the website www.IQOS.com. Internet connection and access charges are payable by the Borrower.
The Borrower may place only one order for the Goods Loaned. Consequently, the Lender may refuse to honour any order by a Borrower who has already benefitted from or is currently benefitting from a loan or which might be fraudulent (or is reasonably assumed to be such).
3.1. Online registration
To make a loan request, it is mandatory for the Borrower to complete the online registration form, containing information required to execute the order (last name, first name, date of birth, full postal address, email address, telephone number, essential information will be identified by an asterisk).
In this regard, the Borrower guarantees the Lender that the information provided in the loan request form is accurate and complete. The Lender shall not be responsible for errors or incomplete information provided by the Borrower and if it is unable to execute the order as a result (in particular to make the delivery of the Goods Loaned) under the conditions stipulated.
The Lender reserves the right to refuse any registration request or honour loan requests in the following cases:
- non-return of the Goods Loaned ;
- dispute regarding one or more previous loan requests;
- incorrect, unfair, frivolous or fraudulent use of the loan service proposed on the Site or that fails to comply with any of the obligations of the Borrower defined in these T&Cs
3.2. Request process
To make a request for Goods Loaned on the Site, the Borrower must complete the information requested before sending the request. Incomplete requests cannot be processed.
After approving the request made by the Borrower, the Lender shall acknowledge receipt of the request by telephone. The Lender undertakes to contact the Borrower within 72 hours as from receipt of the request to agree on a place and time for the delivery of the Goods Loaned.
- Delivery, purchase or return
4.1. Delivery of the Goods Loaned
The Goods Loaned shall be delivered by the Lender on the date and to the place agreed by the Borrower and Lender during the telephone call when contact is made. The Goods Loaned may only be delivered in the Department of Réunion.
Upon delivery of the Goods Loaned, the Lender shall check the Borrower’s ID card or passport to ensure that the latter is of legal age (over 18) and that the identity in the official document matches the name indicated in the order confirmation. In addition, the Borrower must sign an acknowledgement of receipt confirming receipt of the Goods Loaned. They then undertake to return the Goods Loaned to the authorised outlets within the deadlines agreed and indicated above. They also confirm their undertaking to pay the Lender for the Goods Loaned in this way, at the value indicated in the acknowledgement of receipt, in the event of their failure to return the Goods Loaned or if the latter are damaged. Should proof of identity not be provided or an official document be shown that does not match the name indicated in the order confirmation, or in the case of a refusal to sign the acknowledgement of receipt, the Lender shall be unable to deliver the package to the Borrower.
Each delivery is deemed to have been made upon provision of the Goods Loaned by the Lender to the Borrower, confirmed by the signature of the acknowledgement of receipt.
Once the Goods Loaned have been received, the Borrower has 2 options:
4.2. Option 1: purchase of the Goods Loaned
At the end of or during the loan period of fourteen (14) calendar days starting from receipt of the Goods Loaned by the Borrower, if the Borrower were to decide to purchase this device new, they shall notify the Lender’s Customer Service Department that shall inform them of the nearest IQOS outlet where they can purchase their new device in accordance with the price terms in force and return the Goods Loaned.
4.2. Option 2: return of the Goods Loaned
At the end of or during the loan period of fourteen (14) calendar days abovementioned, if the Borrower does not wish to purchase a new version of the Goods Loaned, they must then return the Goods Loaned to one of the IQOS outlets indicated thereto by the Lender’s Customer Service Department. Should the Borrower fail to return the Goods Loaned within thirty (30) calendar days as from the date of provision of said Goods by the Lender, the Lender reserves the right to bring recovery proceedings (e.g. small claims recovery; summary procedure; order to pay or summons for payment of order to pay) for the value of the Goods Loaned indicated in the acknowledgement of receipt. In any case, the Borrower agrees that the value of the Goods Loaned is not less than EUR 60 inclusive of tax.
The Goods Loaned must be returned to the Lender by the Borrower in their original condition, without prejudice to damage resulting from their normal usage, through no fault of the Borrower. Should the Goods Loaned be lost or suffer damage, the Borrower must pay the value of the Goods Loaned indicated in the acknowledgement of receipt (in any case, the Borrower agrees that the value of the Goods Loaned is not less than EUR 60 inclusive of tax – Sixty Euros Inclusive of Tax).
The Borrower must ensure the safekeeping and storage of the Goods Loaned throughout the loan.
Should the Goods Loaned malfunction, the Borrower undertakes to contact the Lender’s Customer Service Department immediately on 0800 20 22 22 (not premium-rate number from a landline in Réunion) between 8 am and 5 pm, Monday to Friday, and not to attempt to repair the Goods themselves or have them repaired by a third party. They may also contact the IQOS Réunion Customer Service Department on the Facebook messaging service on the IQOS Réunion page or via the Live chat on www.IQOS.com.
Should the Goods Loaned not be returned or in the event that fraudulent use of the Goods Loaned is suspected, the Lender reserves the right to block the Borrower in its contact database and blacklist them within 90 days following the contact block, in addition to his rights to initiate recovery proceedings.
- Intellectual property
The IQOS brand and all the figurative or other marks and more generally all other marks, illustrations, images and logos appearing on the Goods Loaned, their accessories or their packaging, whether registered or otherwise (the “IQOS Marks”) are and shall remain the exclusive property of Philip Morris Products SA or are licensed to Philip Morris Réunion SARL.
The Site and all graphic, textual, visual and photographic elements appearing on it, that is, in particular all illustrations, images, drawings, photographs, characters, text, decoration, methods of presentation, graphics or any other element on the Site (hereinafter the “Content”) are and shall remain the exclusive property of Philip Morris Products SA or are licensed to Philip Morris Réunion SARL and protected by intellectual property rights in particular.
The IQOS Marks, the Site and/or the Content thereof may not be altered, reproduced, represented, distributed, posted, commercialised or included in a derivative or other work in any way and under any circumstances, on any support whatsoever. In general, the IQOS Marks, the Site and the Content thereof may only be used within the framework of browsing on the Site and, if applicable, to submit a loan request.
The use of all or some of the IQOS Marks, the Site and/or the Content thereof, in particular by downloading, reproduction, transmission or representation for purposes other than those provided for in these T&Cs is strictly prohibited.
- Personal data
When the Borrower navigates on the Site and makes a loan request, the Lender shall collect and process the personal data provided by the Borrower.
The Lender undertakes to protect these personal data.
For more information on the methods of collection, use and processing of the personal data by the Lender, the Borrower is invited to consult the confidentiality policy of Philip Morris Réunion SARL available here.
- Applicable law – dispute
These Terms and Conditions of Loan are subject to French law.
In the event of a complaint or dispute, the Borrower must inform the Lender’s Customer Service Department by telephone on 0800 20 22 22 (not premium-rate number from a landline in Réunion, between 8 am and 5 pm, Monday to Friday), email [email protected], or via the messaging service on the IQOS Care Réunion Facebook page.
The parties undertake to seek an amicable settlement of the dispute prior to any legal action or recourse to a mediation procedure.
In the case of the failure of a written complaint from the Borrower to the Lender’s Customer Service Department or in the absence of a response from this Department within one (1) month, the Borrower may resort to any alternative method of settlement of disputes and/or access the online European dispute settlement platform at the following address: http://ec.europa.eu/odr, which will attempt to resolve the dispute amicably with complete independence and impartiality.
The Borrower remains free to accept or refuse recourse to mediation and, in the event of recourse to mediation, each party shall be free to accept or refuse the solution proposed by the mediator.
Failing an amicable agreement, the French courts shall have sole jurisdiction.
Should one or more of the stipulations of the T&Cs be deemed invalid or inactionable by a competent court or by law or applicable regulations, this/these stipulation/s shall be deleted and the other provisions of these T&Cs shall remain valid and actionable.
The fact of the Lender not claiming the benefit of any one of the stipulations of these T&Cs may not be considered a waiver of the benefit of this stipulation or of the right to benefit from said stipulation at a later date and/or to seeking legal redress for any breach of this stipulation.